Key Takeaways:
– Arizona lawyers no longer required to fund lobbying activities of the bar association.
– State supreme court amends rules restricting bar association from collecting dues for non-regulatory functions.
– Goldwater Institute praised the change, stating it will improve the quality and access to legal services.
Changes in the Wind for Arizona Bar Association
In a win for advocates of free speech, Arizona has ruled that lawyers will no longer need to fund activities by the bar association that they disagree with, particularly lobbying. The Goldwater Institute, which challenged the obligation of attorneys to pay dues for such initiative, declared this a victory for the First Amendment rights of lawyers.
A Rule That Pressured Lawyers
The Arizona State Bar had always made it necessary for its members to financially back lobbying ventures as a condition of practicing law in the state. This meant that, even if lawyers didn’t agree with the bar association’s lobbying, they had to support it financially.
Recent Rule Changes
Yet, the tides began to turn when a petition was set in motion by the institute to the supreme court. The institute called upon the justices to mitigate regulations inconsistent with the freedom of speech protections in the constitution.
Just a few days ago, the state supreme court hit back by altering these rules, effectively cancelling the State Bar’s ability to impose membership dues for activities that do not relate directly to the regulation of the legal profession.
The Importance of Freedom
The right to freely associate and express opinions is protected by both the U.S. Constitution and the Arizona Constitution. The latter prevents the government from forcing individuals to financially support ideologies they oppose when it interferes with their professional livelihood.
The institute criticized the common practice among states to impose attorneys to join bar association and pay dues. The dues often support activities unrelated to the practice of law and may promote political slants attorneys may not agree with. It cited how the State Bar of Arizona spends significant resources on publishing a magazine, Arizona Attorney, and getting involved in legislative affairs.
What This Means for the Association
Going forward, the revised provision will prevent the bar association from taking part in any lobbying activities. It set the rule that the bar could only undertake activities ‘necessarily or reasonably incurred for regulating the legal profession or improving the quality of legal services available to the State of Arizona’.
Greater Focus on Legal Services
The Goldwater Institute welcomed the changes. It believes that the focus on regulatory functions will improve the quality of legal services and increase access to justice for all Arizonans.
From now on, lawyers in Arizona won’t have to pay dues supporting activities unrelated to their professional need. A step forward indeed in honoring the freedom of speech and association rights for the state’s attorneys. This action not only upholds their constitutional rights, but also lets them focus on improving their professional services for the people of Arizona. In the broader view, this victory might well signal a shift in the way bar associations nationwide handle their activity funding.